Tag Archives: Judge David H. Sawyer

June 2, 2017Comments Off on Governmental Immunity- ‘Rules of the road’ excused in certain circumstances

MCL 257.603(6) and 257.634(1)(c) do not establish a sort of immunity from suit or an excuse to be negligent. While drivers are excused from following the “rules of the road” under certain circumstances, they must do so in a reasonable manner that looks out for the safety of others on the road.

May 18, 2017Comments Off on Property Law- Personal property must meet three factors to be classified a fixture

To achieve designation as a fixture, personal property must be either constructively or actually annexed to the realty, adapted or applied to the use or purpose of the realty to which it is attached, and there must be an objective intent to make the object a permanent part of the real property.

May 18, 2017Comments Off on Tort Law- Actor’s conduct must be ‘substantially more’ than negligent

To meet the burden of proof for gross negligence, a plaintiff must present evidence of more than mere ordinary negligence. Plaintiff must prove that the defendant acted with “almost a willful disregard” of his or her safety.

May 18, 2017Comments Off on Property Law- LDA cannot be used to establish substantive property rights

A party seeking to vacate, correct, or revise a recorded plat of land via application of the Land Development Act must, first, demonstrate that he or she already has a legally recognized interest in that land.

May 11, 2017Comments Off on Criminal Law- A valid registration card is not dispositive concerning § 4 immunity

A party is entitled to § 4 immunity only if he or she is in full compliance with the MMMA, which includes its definitions of both a “patient” and a “caregiver.” If a party’s status as either is revoked, failure by the Secretary of State to revoke the party’s registration card does not afford him or her immunity from prosecution.

May 4, 2017Comments Off on Family Law- All debt accumulated during the marriage is presumed marital debt

Equitable distribution of property, in light of all the circumstances, is the goal when distributing marital assets in a divorce proceeding. Before dividing property, the trial court must first determine which assets are marital assets and which are individual assets; however, there is a general presumption that all debt incurred during the marriage is marital debt.

May 4, 2017Comments Off on Equitable Relief- Judicial estoppel prohibits a party from asserting inconsistent positions

Under the doctrine of judicial estoppel, a party that has successfully and unequivocally asserted a position in a prior proceeding is estopped from asserting an inconsistent position in a subsequent proceeding.

If a court grants summary disposition pursuant to MCR 2.116(C)(8), (9), or (10), the court must give the parties an opportunity to amend their pleadings pursuant to MCR 2.118, unless the amendment would be futile. A motion to amend should be granted, and a plaintiff must submit their proposed amended complaint, or a clear statement of the amended claim, to the trial court.